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Estate Planning Clauses After TCJA

Estate Planning Clauses After The Tax Cuts And Jobs Act

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24 Clauses For 8 Estate Planning Opportunities After The 2017 Tax Cuts And Jobs Act (45 Pages)

Regular Price: $ 299.00

Special Price: $ 219.00

The passage of the 2017 Tax Cuts and Jobs Act has heralded a new era in estate planning. The greatly increased transfer tax exclusion to $11.18 million, indexed for inflation, is effective from 2018 through 2025, when it is suspended, and returns to the 2017 levels, indexed for inflation. Taking into account political risk, the opportunity to take advantage of the 2017 law could be a once in a lifetime opportunity. Portability is retained. Estate tax planning is “simplified” for many people. Seeking optimal income tax basis adjustments is a goal for everyone. 

Issue #1: After The Tax Cuts And Jobs Act - Clauses To Address Gifting Hard To Value Asset Issues - 2 Clauses (2 Pages)
$ 39.00

Issue #1 – Clauses to Address Gifting Hard to Value Asset Issues
Clause 1 – The “Defined Value Gift” – The Wandry Clause
Clause 2: The “Defined Value Gift”: The Petter Clause

Issue #2: After The Tax Cuts And Jobs Act - Clauses to Address the Proper Notices of Allocation to Use in Connection with Generation-Skipping Transfers - 5 Clauses (2 Pages)
$ 39.00

Issue #2: Clauses to Address the Proper Notices of Allocation to Use in Connection with Generation-Skipping Transfers
Clause 1: Basic Notice of Allocation of GST Exclusion
Clause 2: Election Out of Automatic GST Exclusion Allocation
a. For Transfers in a Particular Year to a Particular Trust
b. For Transfers for a Particular Transfer to a Particular Trust
c. For All Transfers to a Particular Trust
d. For all Transfers to any GST Trust
Clause 3: Termination of Prior Election Out of Notice of Automatic GST Exclusion
Clause 4: Election to Apply GST Exclusion to a GST Trust
Clause 5: Late Allocation of the GST Exclusion

Issue #3: After The Tax Cuts And Jobs Act - The Marital Deduction Provisions - 5 Clauses (13 Pages)
$ 59.00

 Issue #3: The Marital Deduction Provisions
Clause 1: Marital Share Outright to Surviving Spouse
Clause 2: Marital Share Outright to Surviving Spouse with Disclaimer Path to a Trust for the Benefit of the Surviving Spouse for Life;  then to Children in Three Increments at Ages 25, 30 and 35.
Clause 3: Allow the Executor to Exercise Discretion to Determine the Optimal Funding of the Marital and Credit Shelter Portions of the Estate. The So-Called “Clayton QTIP Clause”.
Clause 4: Marital Deduction Share Using General Power of Appointment Trust
Clause 5: Marital Share Using Qualified Terminable Interest Property Trust (QTIP Trust)

Issue #4: After The Tax Cuts And Jobs Act - The Credit Shelter Trust Provisions (aka By-Pass Trust; aka Unified Credit Trust, aka Exemption Equivalent Trust; aka Available Exclusion Trust) 5 Clauses - (12 Pages)
$ 59.00

ISSUE #4: The Credit Shelter Trust Provisions (aka By-Pass Trust; aka Unified Credit Trust, aka Exemption Equivalent Trust; aka Available Exclusion Trust)
Clause 1: Create the Credit Shelter Trust for the Exclusive Benefit of the Surviving Spouse While Alive, with Remainder to Children
Clause 2: Create the Credit Shelter Trust for the Benefit of the Family Group Including the Surviving Spouse and the Children of the Testator – Distributions in the Discretion of the Trustee.
Clause 3: Create the Credit Shelter Share for the Benefit of the Children – Outright if Age 35; Otherwise in Trust until the Children Reach Designated Ages – 3 Increments of Principal Payments.
Clause 4: Create the Credit Shelter Share for the Benefit of the Children – Outright Distributions to Children
Clause 5: Impose a Limit (Maximum) on the Credit Shelter Gift and a Minimum on the Marital Deduction Funding to Assure a “Reasonable” Division between the Two Shares of the Estate. 

Issue #5: After The Tax Cuts And Jobs Act - Portability Provisions - 4 Clauses (4 Pages)
$ 59.00

ISSUE #5: Portability Provisions.  
Alternative Clause #1: Portability of the Deceased Spousal Unused Exemption – Mandatory Election by the Executor (or Personal Representative) of a Will
Alternative Clause #2: Portability of the Deceased Spousal Unused Exemption – Mandatory Election by the Trustee of a Trust
Alternative Clause #3: Portability of the Deceased Spousal Unused Exemption –Discretionary Election by the Executor (or Personal Representative) of a Will
Alternative Clause #4: Portability of the Deceased Spousal Unused Exemption –Discretionary Election by the Trustee of a Trust

Issue #6: After The 2017 Tax Cuts And Jobs Act - Generation-Skipping Transfers - 1 Clause (9 Pages)
$ 59.00

 ISSUE #6: Generation-Skipping Transfers.
Clause: GST Marital and Family Trust Provisions, Including Reverse QTIP Language, and Administrative Provisions

Issue #7: After The Tax Cuts And Jobs Act - Allow a Trustee to Grant a General Power of Appointment to a Beneficiary to Enable Estate Inclusion and Date of Death Value for Basis Where Appropriate – Appointment to Creditors Only - 1 Clause (1 Page)
$ 39.00

 Issue #7: Allow a Trustee to Grant a General Power of Appointment to a Beneficiary to Enable Estate Inclusion and Date of Death Value for Basis Where Appropriate – Appointment to Creditors Only
Clause: Trustee May Grant Testamentary Power of Appointment

Issue #8: After The Tax Cuts And Jobs Act - Sophisticated Planning to Achieve Both an Appreciation Freeze and a Basis Step-Up over Two Deaths (1 Page)
$ 39.00

 Issue #8: Sophisticated Planning to Achieve Both an Appreciation Freeze and a Basis Step-Up over Two Deaths

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